retiredprof.com
  • Home
  • Videos

Law 104

4/13/2010

1 Comment

 
     The Lester Pearson School Board wants the Quebec government to "give us a little oxygen", by not denying access to English schools, by tightening the "loophole" which had allowed some students to gain eligibility to attend English schools by first atteding an Englisg private school. They argue that this only affects a small number , about 500, students. Law 104 had been passed to close that loophole, but the Supreme Court had ruled last October that the law was uinconstitutional, but had given the Quebec government a year to come with a solution. 
     The St. Jean Baptiste Societe and other nationalist groups wants the government to, not only close the "loophole", but to make Law 101...Quebec's Language Charter even more restrictive. Even "shower cap"Duceppe, who is presently touring the country to sell his dream of an independent Quebec, has called for the use of the "notwithstanding clause", Sec. 33 of the Canadian Charter of Rights and Freedoms to be used to set aside the Supreme Court ruling. Section 23 of the Chater, (Minortity Language Educational Rights) is not affected by the "notwithstanding clause"( only Sec. 2 ...Fundamental Freedoms, Sec.7-14...Legal Rights  and Sec. 15...Equality Rights are subject to this clause). Perhaps they can try to argue that Law 104 falls under Sec. 2, but that may be difficult to argue successfully. This however, may not prevent the Quebec government from using the "notwithstsanding" clause and play for time, while it goes through the judicial system. This was the case with the section of Law 101, which took two years to be struck down     Sec. 23, established the "Canada clause" over the " Quebec clause" to allow for access to minority language education. It also has an "international clause", but Quebec was excluded from it, (a political concession to Quebec). The Quebec government may have a better chance to "protect" law 104 by using Sec. 1, which grandfathers the Charter. This section establishes that rights are relative, not absolute and therefore can be limited. It states that " these rights exist subject to such limitations, prescrib ed by law, as can be demonstrably justified in a free and democratic society ". Quebec has argued before ( in the case of limits on freedom of expression... French only signs), that it is a justfiable limitation, because of the need to protect the French language and culture, but the Supreme Court rejected that arguement. The Bourassa Liberals invoked Sec. 33...the "notwithstsnding clause( this had previously been used once by the Sasketchewan in 1986 to pass back-to-work legislation and by an "unhappy" Rene Levesque and the first Parti Quebecois government...1976-1985, routinely to all Quebec legislation, but it had been discontinued by the next Liberal government...1986, until Bourassa used it in 1988  to bypass the Supreme Court ruling and pass law178.
     It is not easy to invoke this clause. Levesque re-acted emotionally after the patriation of the Constitution in 1982. He claimed to have been "screwed", by Trudeau and the Premiers of the other provinces, and he routinely applied the "notwithstanding clause" to all Quebec laws. Bourassa's action was purely political as he was slipping in the polls and wanted to prove that he was as good as anyone in protecting Quebec's "distinct society". Charest is going to retire from active politics, so the political motive is not there but his party is running behind the Parti Quebecois in the polls and he may thus want to play politics and try to protect his party, so that he is not blamed for any loss. The Bloc Quebecois is an anachronism. They have little or no useful purpose and Duceppe, may be too afraid to be seen as ineffective and irrelevant, which he is, and so this is his last desperate effort to inflame the "troops", before he rides off to enjoy his lucrative Canadian pension.            
 
1 Comment
political asylum lawyer link
9/13/2013 02:47:41 pm

Thanks for taking turns that good written content on your site. I discovered it on the internet. I will check to come back after you post extra aricles.

Reply



Leave a Reply.

    Picture
    Follow me on Twitter

    ​
    Picture
    fig 2-b My Father and Mother to whom I owe everything

    "Ecce Homo"  ("Behold the Man"), Antonio Ciseri's depiction of Pontius Pilate presenting a scourged Jesus to the people of Jerusalem.

    fig 1-b


    figure 1-a

    F. Goya
    Two men fighting with clubs
    circa 1819-1823

    The Black Paintings Period


    (Fig 2a) The Death of Innocents


    Author

     Ishwar R. Prashad recently retired from over 47 years of teaching.

    He taught Political Science variously at Dawson College, Loyola College, Algoma University College, Sir George Williams University, Concordia University and Vanier College.

    Previously, he taught for nine years in Port Mourant, Guyana.


    He became Principal of Corentyne Comprehensive High School at the tender age of 21. During this time he turned down Scholarship offers to study overseas in England and the U.S.S.R.

    He chose Canada and after graduating from Sir George Williams with a B.A Honours with Distinction, he accepted a Fellowship to complete his graduate work at McMaster University. He completed his first two degrees-Bachelors and Masters- in three years.  

    His last position was as Co-Ordinator of Political Science and Economics at Vanier College and Adjunct Professor of Political Science at Concordia University.

    He is married to the former Juliet Ramcharan (Library Supervisor, McGill University) and together they have three children – Indra R. Prashad, P.Eng. ,McGill (Presently Manager, Ontario Safe Water Drinking Agency), Ishwar R. Prashad Jr., B.A ,McGill (Presently, President, Kismit Gear Inc.) and Rabindra Y. Prashad, (Presently, Artist and Chef).They are the proud Grandparents of eight grandchildren-Miranda, Kamal, Ayesha, Élan, Anĵa , Étienne, Chloé, and Jasmine.

     

     

     





     



    Archives

    July 2020
    May 2020
    October 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    June 2016
    May 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    June 2014
    May 2014
    April 2014
    March 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011
    July 2011
    June 2011
    May 2011
    April 2011
    March 2011
    February 2011
    January 2011
    December 2010
    November 2010
    October 2010
    September 2010
    August 2010
    July 2010
    June 2010
    May 2010
    April 2010
    March 2010
    February 2010
    January 2010
    December 2009
    November 2009
    October 2009
    September 2009
    August 2009
    July 2009
    June 2009
    May 2009
    April 2009
    March 2009
    February 2009
    January 2009
    December 2008
    November 2008
    October 2008
    September 2008
    August 2008
    July 2008
    June 2008
    November 1999

    Categories

    All
    A
    Estryed Infrastructure
    F
    Hai
    Ic
    I Will Srike With
    Jr
    O
    Q
    T

Powered by Create your own unique website with customizable templates.